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Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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My spouse and I agreed to him taking a home out of my name

Customer Question

My spouse and I agreed to him taking a home out of my name and if something happened to him I was to get his life insurance policy to pay off the home that a parent of his lived in. Well my exspouse passed away and somehow his attorney slipped in or added later a time limit. I never saw or agreed to it. The attorney said he sent it to the attorney that represented me at the time of our divorce and he never sent me a copy so when he passed the house was still in my name with fairly large payments. I never received the life insurance policy to pay it off either. My exspouse passed 5 years ago June 9. Is there anything I can do as this home went into foreclosure and has now ruined my credit.
Thank you,
Christie
Submitted: 7 months ago.
Category: Family Law
Expert:  Olivia Kent replied 7 months ago.
Christie, Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. Since it has been several years since the divorce occurred you could try to get the decree modified on the basis of error but given that your ex has passed away it's going to be really tough – I don't want to lie to you. Your best bet would be a claim for malpractice against your attorney, who based on what you've described dropped the ball. Does that make sense? My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking.
Customer: replied 7 months ago.
My attorney subbed himself out so if he got correspondence from my ex's attorney and did not get it to me is he liable for that? How can it be okay for an attorney to change an agreement without getting the other person involved (me). I would have never agreed to this and this is why I worked so hard to make sure if my ex did drop the ball and he passed like he did I would get his life insurance to pay off this home. This was a very complicated case because this was my third attorney. I could never get an attorney to ever show up to court. The second attorney did not show 2-3 times claiming his truck broke down and this last attorney was sick all the time.
Customer: replied 7 months ago.
I also went through a severe depression during this time which is the reason for not following up. But I never got any further paperwork with the changes mentioned.
Expert:  Olivia Kent replied 7 months ago.
It is never OK for an attorney to change an agreement on your behalf without getting both your consent and your signature.
Expert:  Olivia Kent replied 7 months ago.
Since undoing the damage by reopening the case would be nearly impossible (since your ex is deceased) you're most likely option for recovery would be via an action against your attorney. Please let me know if you have any additional questions or you need me to clarify anything. I'd be happy to do so. Please also take a moment to submit a rating because that is the only way I receive credit for assisting you.
Expert:  Olivia Kent replied 7 months ago.
I wanted to check in with you to make sure you had all of the information you wanted to obtain when you posted your question. Please let me know if you DO have all of the information you need; please also let me know if you have any questions or need additional clarification about anything.